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Utility patent applications may claim the benefit of a provisional application for up to 12 months, but design patent applications may not claim priority to a provisional patent application.
In general terms, a ?utility patent? protects the way an article is used and works (35 U.S.C. 101), while a ?design patent? protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both.
Patent rights protect the function, method or the workings of a thing. Design protects the appearance of a thing. In other words, patents protect ideas and concepts, whereas registered designs protect the look of a certain product or item.
Preamble?one or two boilerplate sentences announcing that you're seeking a design patent. For example, ?The petitioner whose signature appears on the declaration attached respectfully requests that Letters Patent be granted to such petitioner for the new and original design set forth in the specification.?
Filing a Design Patent Application A preamble that states the applicant's name, a title for the design, and a brief description of the intended use and nature of the object that the design is a part of; A cross-reference to any other applications related to the design patent application;
Types of patents. There are three types of patents: utility, design and plant.
Format for Patent Pending Notice There is no required format for stating the patent pending notice. Below are some common examples of how it appears on product packaging and material: U.S Patent Pending. Pat.
Some examples of design patents include ornamental designs on jewelry, automobiles or furniture, as well as packaging, fonts and computer icons (such as emojis). Some famous design patent objects include the original curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).